Simone Lawson
The Wyoming Constitution was drafted in 1889 to outline a framework for governance and expedite Wyoming's admission into the Union as a state. The document establishes the rights and limitations of the state government, including revolutionary provisions for water and irrigation rights, and women's suffrage. Notably, Wyoming's constitution is much longer and more detailed than the United States Constitution, and it sets up an executive branch structure that differs from the national model.
| Characteristics | Values |
|---|---|
| Year Drafted | 1889 |
| Year Adopted | 1890 |
| Number of Delegates | 49 |
| Number of Delegates Who Signed | 45 |
| Number of Delegates Who Were Republicans | 31 |
| Number of Delegates Who Were Democrats | 18 |
| Number of Times Amended | 75 |
| Length | 30,000 words |
| Number of Articles | 20 |
| Number of Sections | 260 |
| Number of Sections Repealed | 5 |
| Number of Votes for Ratification | 6,272 |
| Number of Votes Against Ratification | 1,923 |
| Number of Votes Required for Constitutional Amendments | 50% plus 1 |
| Number of Votes Required for Constitutional Amendments During Legislative Session | 42 (Wyoming House of Representatives), 21 (Wyoming State Senate) |
| Number of Votes Required for Constitutional Convention Question | 66.67% |
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What You'll Learn
Pressure to gain statehood
Governor Warren's strategy was to have a constitution ready for Congress to consider alongside requests from neighbouring states. This meant that the delegates had just 25 working days to draft the document before the people of Wyoming would vote on it during the November general election. The delegates managed to meet this tight deadline, and Wyoming became a state the following year, in 1890.
The Wyoming Constitution was largely modelled on those of other states, particularly those admitted to the Union in 1889, such as Washington, Montana, and the Dakotas. This "cut-and-paste" approach allowed the delegates to work quickly, and many sections of the Wyoming Constitution contain language similar to that of other state constitutions from the same period. However, there were also unique aspects to the Wyoming Constitution, particularly concerning water and irrigation rights and women's rights.
The Wyoming Constitution established a comprehensive system of water allocation, declaring that the state owned all waters within its borders. This was a departure from the endless court adjudications of water rights in other states, such as Colorado. The constitution also included a provision protecting women's rights to vote and hold office, which had been the law in Wyoming Territory since 1869. This provision caused controversy when the question of Wyoming statehood came before Congress, but it was ultimately allowed to stand.
Overall, the pressure to gain statehood for Wyoming was a driving force behind the rapid drafting and adoption of the Wyoming Constitution. The delegates' haste, combined with their willingness to draw on existing state constitutions, resulted in a document that satisfied the requirements for statehood while also addressing unique aspects of Wyoming's context and priorities.
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Water and irrigation rights
The state's ownership of water allows it to intervene in water-related issues and allocate water to landowners for beneficial use. This system is based on the "doctrine of prior appropriation," where the first to put water to beneficial use has the first right, or "first in time is first in right". As a result, water rights in Wyoming are regulated by priority, with those holding earlier rights having access to water during periods of limited supply.
The administration of Wyoming's water is divided into four water divisions, each with a superintendent who manages the waters with assistance from water commissioners and hydrographer-commissioners. These superintendents, along with the state engineer, constitute the state board of control, which meets quarterly to adjudicate water rights and address related matters. The state engineer is the chief administrator of Wyoming's waters and is responsible for issuing permits for water rights.
Water rights in Wyoming can be obtained by securing a permit from the state engineer, following certain procedures, and complying with specific requirements. For example, when subdividing land with water rights, developers must dispose of the water rights by abandoning them, transferring them to other lands, or developing an irrigation plan. Additionally, water rights holders must put water to beneficial use and follow regulations regarding the direct use of natural unstored flow for irrigation, with the state engineer determining the consumptive use of water rights in such cases.
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Women's rights
The Wyoming Constitution was drafted in 1889 and ratified in 1890, when Wyoming became a state. It is a lengthy document, consisting of nearly 30,000 words, and outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights.
One of the key reasons for drafting the Wyoming Constitution was to secure and protect women's rights. Wyoming's Constitution is notable for its inclusion of women's rights to vote and hold office, a provision that had been in place in the Wyoming Territory since 1869. This was a groundbreaking move at the time, as women across the United States would not gain the right to vote for another 30 years. The inclusion of this provision in the state constitution caused controversy when Wyoming's statehood was being considered by Congress in 1890, but it was ultimately allowed to stand.
Article VI, Section 1 of the Wyoming Constitution, which protects women's suffrage and their right to hold office, is a reflection of the state's commitment to equality and individual rights. The constitution also includes broader statements on equality, such as "all members of the human race are equal... in their inherent right to life, liberty and the pursuit of happiness." These sentiments are in line with the progressive nature of the document, which aimed to empower individuals and ensure their rights were protected under the law.
In addition to women's suffrage, the Wyoming Constitution also set out unique provisions regarding water and irrigation. Article VIII, involving water and irrigation rights, was considered revolutionary at the time. It established the principle of state ownership of all waters within its borders, with the state having the authority to intervene in issues related to water allocation and management. This approach was influenced by the experiences of Dr. Elwood Mead, who had dealt with the complexities of water rights in neighbouring Colorado.
The Wyoming Constitution has been amended numerous times since its adoption, with changes made to various articles, including those on judicial selection and public finance. However, the foundational principles, including the protection of women's rights, remain intact, and the document continues to serve as the framework for governance in the state.
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![Revised Statutes of Wyoming, in Force January 1, 1887 / Including the Declaration of Independence, the Articles of Confederation, the Constitution of the United States, the 1887 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Executive branch structure
The Wyoming Constitution, drafted in 1889, set out the state's framework for governance, including the powers, structure, and limitations of its government, as well as individual and civil rights. Notably, the constitution's structure for the executive branch differs significantly from the national model.
Article IV, Section 11 of the Wyoming Constitution outlines an executive branch structure that differs from the national one. While the president and vice president are the only two executive officers elected nationwide, Wyoming's constitution provides for the statewide election of the governor and four other officers: the secretary of state, treasurer, auditor, and superintendent of public instruction. This structure reduces the power of the governor compared to most states, as important decisions must be agreed upon by all five officers. Each member has a single vote when policy matters come before boards such as the State Land and Investment Board or the Capitol Building Commission.
The Wyoming Constitution's executive branch structure reflects a dilution of power for the chief executive, as entities like the state land board, which includes the governor and the other four statewide elected officials, govern revenue-raising measures and manage state lands and farm loans. This structure ensures that decisions regarding the management of state resources and funds are made collaboratively, with input from multiple elected officials.
The drafting of the Wyoming Constitution was influenced by the need to act quickly to gain statehood. Territorial Governor Francis E. Warren emphasized the necessity for haste, as Wyoming's request for statehood needed to be considered by Congress alongside requests from neighbouring states. As a result, the delegates assembled a "scissors-and-paste" document, borrowing heavily from the constitutions of other states, particularly those admitted to the union in 1889, such as Washington, Montana, and the Dakotas.
Despite the rushed process, the Wyoming Constitution included revolutionary provisions, such as Article VIII on water and irrigation, which established the principle of state ownership of all waters within its borders, allowing the state to intervene in water-related issues. This article was shaped by Dr. Elwood Mead, who advocated for a state engineer and a board of control to handle water rights controversies.
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Legislative process for amendments
The Wyoming Constitution, drafted in 1889, was a rushed process, with delegates chosen in a special election called by Territorial Governor Francis E. Warren. The aim was to put pressure on Congress to admit Wyoming as a new state. The delegates met in Cheyenne and assembled the document in just 25 days. The constitution was ratified on November 5, 1889, and Wyoming became a state the following year.
The Wyoming Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments. A two-thirds vote is required during one legislative session for the Wyoming State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 42 votes in the Wyoming House of Representatives and 21 votes in the Wyoming State Senate. Amendments do not require the governor's signature to be referred to the ballot.
The legislative process for amendments in the Wyoming Constitution involves the following steps:
- Proposal: A constitutional amendment can be proposed by a two-thirds vote of the members of the Wyoming State Legislature during one legislative session. This is the first step in the legislative process for amending the constitution.
- Ballot Referral: The proposed amendment is then placed on the ballot for the next general election. It does not require the governor's signature to be referred to the ballot.
- Voter Approval: For an amendment to be approved and enacted, a simple majority (50% plus 1) of the votes cast by the voters is required. This is the final step in the legislative process for amending the Wyoming Constitution.
- Implementation: Once an amendment is approved by the voters, it becomes a part of the constitution and takes effect immediately or on a specified date.
It is important to note that the legislative process for amendments in the Wyoming Constitution does not require the governor's approval or signature. The process involves the Wyoming State Legislature and a vote by the citizens of Wyoming. This ensures that any changes to the constitution are made with the consent of the governed and reflects the will of the people of Wyoming.
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Frequently asked questions
The major reason for drafting the Wyoming Constitution was to gain statehood and join the Union.
The drafting of the Wyoming Constitution was a hurried process, taking just 25 days. Territorial Governor Francis E. Warren knew that a quickly produced document would put more pressure on Congress to admit Wyoming as a new state.
The Wyoming Constitution is much longer and more detailed than the U.S. Constitution. It also includes a Declaration of Rights, which sets out broader limitations on the role of government than the U.S. Constitution. The executive branch structure is also different, with the governor and four other officers all being elected statewide.
